Scott v. Ludington
West Virginia Supreme Court
Appeal from a decree of the circuit court of Green-brier county, rendered on the 22d day .of November, 1875, in a cause in said court then pending wherein John G. Scotland others were plaintiffs, and Francis H. Ludington and others were defendants, allowed on the petition of said Ludington. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of Green-brier county, rendered on the 22d day .of November, 1875, in a cause in said court then pending wherein John G. Scotland others were plaintiffs, and Francis H. Ludington and others were defendants, allowed on the petition of said Ludington. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. JOHNSON, Judge, furnishes the following statement of the case: In August 1874, the plaintiff, who had recoveredua judgment against the defendant Ludington, filed bis bill against the said defendant and a number of…
1Opinion of the CourtJohnson, Judge
The first objection to the decree is, that the cause was not properly matured for hearing, because the order of publication as to the absent defendants was not duly executed; that no affidavit was made before it was issued. In Gibson v. White & Co., 3 Munf. 94, a decree was held erroneous, because it did not appear from the record, nor was it stated in either of the decrees in the cause, that the absent defendant was proceeded against under the statute as an absentee. Where there is a joint decree against two parties, one of whom is an absent defendant and proceeded against by order of…
2Cases cited8 opinions
- Meeker v. GardellaWashington Supreme Court · 1890
- Batesville Institute v. KauffmanSupreme Court of the United States · 1873
- Craig v. SebrellSupreme Court of Virginia · 1852
- River v. LittlejohnSupreme Court of Virginia · 1867
- Steele v. HarknessWest Virginia Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sandusky v. FarisWest Virginia Supreme Court · 1901
- Herzog v. WeilerWest Virginia Supreme Court · 1884
- Darnell v. FlynnWest Virginia Supreme Court · 1911
- Beard v. ArbuckleWest Virginia Supreme Court · 1881
- Childers v. LoudinWest Virginia Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.